1) InNew York Times v. Tasini the Supreme Court held that electronic publication of copyrighted works did not violate the copyright so long as they were not sold for profit.

a)True

b) False

2) It would not be infringement of the adidas trademark to sell shoes under the name addidas, since it is a different word.

a) True

b) False

3)Once issued by the Trademark Office, trademarks are registered forever.

1. True
2. False

4) Copyrights, trademarks and trade names are examples of intellectual property.

1. True
2. False

5) Trademarks are due absolute protection under federal law, even if not used in commerce, once they are registered.

1. True
2. False

6) The Federal Circuit Court of Appeals has primary responsibility for reviewing which kinds of cases:

1. patent
2. contract
3. copyright
4. trade secret
5. all of the other choices

7)Allie makes a contract to buy a piece of land in six months on which a house will be built. Allie hires an architect to design a house that will look just right on that piece of land. When it is time to pay for the land, the seller refuses to sell. Because Allie wants that piece of land to use for a house that has been designed for, Allie should ask for:

1. nominal damages
2. rescission
3. specific performance
4. compensatory damages
5. a and c

8)A(n) ____ is when one party to the contract has the right to avoid a legal obligation.

1. executed contract
2. formal contract with an escape clause
3. parol evidence contract
4. ephemeral contract
5. none of the other choices are correct

9)If a house burns down before it sale is completed, the contract for sale is discharged by impossibility.

1. True
2. False

10)An exculpatory agreement:

1. is the offeree's initial expression of agreement before a contract is formalized in writing
2. releases all unknown parties from the consequences brought about by wrongful acts
3. is a form of counteroffer whereby the offeree accepts part and rejects part of a contract
4. is an agreement that has not been fully performed by either party
5. none of the other choices

11)If the subject matter of the offer is destroyed:

1. the court takes over the contract
2. the contract is still binding
3. the offeror must replace the subject matter
4. the offeree must replace the subject matter
5. none of the other choices are correct

12)Consideration is the element of a contract that:

Group of answer choices

1. allows it to be a gift
2. prevents it from being a gift
3. gives the offeror a better deal
4. gives the offeree a better deal
5. provides the terms of contract execution

13)InEagles Landing Development, LLC v. Eagles Landing Apartments, LP, where the LLC built apartments for the LP, but the LLC was not paid for all its work, the LLC sued some limited partners in the LP for payment. The appeals court held that:

1. the limited partners had agreed to be personally liable on the debts of the LP, so were responsible
2. limited partners share equally in the debts of a limited partnership unless the agreement among the partners states something to the contrary
3. the LLC had agreed not to sue any limited partners individual, so could not later go back on that agreement
4. limited partners are not liable for the debts of the LP
5. none of the other choices

14)Directors are under a ____ to conduct themselves on behalf of the corporation as a reasonably prudent person in the conduct of personal business affairs.

1. duty of reasonability
2. duty of profit
3. duty of management
4. duty of morality
5. none of the other choices are correct

15)State regulation of franchises is typically conducted by:

1. a state attorney general
2. county prosecutors
3. state chartering offices
4. state examining boards
5. state FTCs

16) A corporation consists of legally distinct groups, not including:

1. shareholders
2. stakeholders
3. directors
4. managers
5. all of the other choices are included

17)A partnership may be designed to continue even if a partner dies or quits.

1. True
2. False

18)The ____, which is required by the Franchise Rule, enables prospective investors to learn about the background of the business.

1. offering circular
2. offering document
3. offering disclosure
4. circular offering
5. circular document

19)The legal document that authorizes a person or a company to act as an agent for a principal is called:

power of law

power of agency

power of principal

power of plaintiff

none of the other choices are correct

20) Which of the following is an advantage to having the ability to use agents:

a) access to the expertise of agents

b) reduced tax burden

c) exemption from income tax

d) creation of many small companies within one larger company

e) easier organization of a company

21) An agent makes a contract with a third party on behalf of the disclosed principal. The principal then breaches the contract. The third party may sue the agent to recover damages.

a) True

b) False

Question 22

An employee (servant) who works for an employer (master):

a) may not be an agent for the same employer as part of the relationship.

b) may not be an independent contractor for the same employer as part of the relationship.

c) may not be subject to control of details of work by the employer to retain employee status.

d) may not be held responsible for any torts committed in the course of employment.

e) none of the other choices

Question 23

An agent is expected to perform responsibilities with the degree of care that is called ordinary care under the circumstances.

a) True

b) False

Question 24

In an agency relationship, the agent is a neutral party regarding contracts between the principal and third parties.

Group of answer choices

a) True

b) False

Question 25

Workers' compensation premiums are set by the Department of Labor.

Group of answer choices

a) True

b) False

Question 26

Among the "mandatory subjects" of collective bargaining is the length of lunch breaks.

Group of answer choices

a) True

b)False

Question 27

Which of the following is an example employer conduct that impairs the goals of the National Labor Relations Act:

Group of answer choices

a)threatening employees with loss of jobs or benefits if they join or support a union

b) threatening to close a plant if employees vote for unionization

c) questioning employees about union activities

d)promising benefits to employees if they do not support a union

e) all of the other specific choices are correct

Question 28

A "bill of rights" for union members is included in:

a) the Griffin-Landrum Act

b)the Landrum-Griffin Act

c) the Wagner Act

d) the Union Bill of Rights Act

e) none of the other choices are correct

Question 29

An exculpatory agreement is one in which:

a) one party promises not to sue another in case of an injury caused by a tort or some other event

b) an employee agrees not to leave and go into competition against the employer or go to work for a competitor for a certain time

c) an employee agrees not to recruit fellow employees for another company when they leave their current place of employment

d) an employee agrees not to use illegal substances

e) none of the other choices are correct

Question 30

A strike by workers against their employer whose collective bargaining agreement is in question is called:

a) unprotected activity

b) primary boycott

c) secondary boycott

d) lockout

e) grievance action